“Our society needs to recognize the unstoppable momentum toward unequivocal civil equality for every gay, lesbian, bisexual and transgendered citizen of this country.”
– Zachary Quinto
Art 14 of The Constitution of India talks about Equality before law that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. But does this article is strictly followed in India? The question remains unanswered especially in the domain of certain section which is thesection of LGBT.They are those sections that are forced not to reveal their true identity. If they reveal their identity then they become the prey of the beasts under the garb of so called humans. In India vulnerable sections include women, children, old people etc. but this section has always been sided. Is this meant that they are not the citizen of the country?
Apart from fighting about the same sex marriage and declaring article 377 unconstitutional there are certain other issues which needs to be dealt. Laws are made for the citizen in order to protect them and provide all kinds of help they needed but this section has always been sided. For instance if a rape is committed on woman then there are provisions of IPC under section 375 but no such provision is there for any LGBT section as a result people of beastly nature take advantage of it and as a result they are forced to live a miserable life and are forced not to reveal their identity. Although Supreme Court has taken a historic step by including the “T” stands for transgender as third gender but does it makes any difference. Still this section struggles or not at all able to avail their rights. For example there is no such provision for them for adoption. This section has always been seen as a downtrodden section and a secretive as well as secluded section. They have to face social as well as legal difficulties in every walk of life. They had to face the difficulties from their childhood where they are mentally harassed and called by different names and even their family members leave them to survive alone in this cruel world. Many a times they are forced to join brothel for their livelihood as commoners despise them and the things sold or touched by them. There is so much disparity in the thinking of the people that they want them (called as Hijara) to visit their house at time of wedding or on the occasion of new born celebration in order to give blessing and it is believed if they curse that is the sign of something bad but at the same time people despise them and treat them worse than an animal. This section is not a new section which has come all of the sudden, from the very early times they exist. Reservation is provided even to those people who do not need it but in the name of castes and for the vote bank no politician questioned it. But this section(LGBT) is in minority so nobody cares it.
This section is fighting for their rights all over the world. Big fame people who excelled in the fields of music, acting, politics etc. didn’t reveal their identity but with the coming years they realised that it is not a crime, it is their identity, their pride, their self-respect which was misused because of orthodox and narrow minded people and so they confronted the world and the world accepted it with open hands. If one consider about section 377 of IPC which deals with unnatural offence, it is true that the whole section cannot be declared as unconstitutional but attraction towards same sex can it be called as an offence? This had been a debatable issue which had been dealt in Naz Foundation vs Government Of Nct Of Delhi And Anotherwhere section 377 of IPC was challenged on infringing article 21. The high court declared the section to be unconstitutional however in Suresh Kumar Koushal and another v NAZ Foundation and Othersthe Supreme Court struck down the decision by the High Court. God has created the universe and human beings. It is the human being which has created the sense of superiority, rules, demarcation and hatred among themselves. People need to broaden their thoughts and minds as they have equal share just like other.People should stand and revolt for the injustice which is meted out against this section as they too are the part of the country as well as society. It is rightly said by Will Rogers, “We will never have true civilization until we have learned to recognize the rights of others.”So let all the people stand in unity and shout at the top of the voice so that the people sitting at the Apex could hear the pain and sufferings of this section which they are dodging away.
CIVIL APPEAL NO.10972 OF 201.
ABOUT THE AUTHOR
It’s always being a difficult task for me to write something about myself but to start with, I am a law student studying in Chanakya National Law University. I love to write the articles based on law and it’s legal aspect. I believe in having a colourful life rather than being black and white. Apart from law, I love drawing especially cartoon characters but I made only for myself that too when I really feel like. I am active in social media quite a lot. I love experimenting such as in the field of making deserts, I love making cakes in the free time. This is my short and sweet bio which is not sufficient to describe myself but at least it can give some idea about me.